Loading...
HomeMy WebLinkAbout12-04-2000 closed session City Council Minutes• • • MINUTES SARATOGA CITY COUNCIL CLOSED SESSION December 4, 2000 The City Council of the City of Saratoga met in Closed Session in the Administrative Conference Room 13777 Fruitvale Avenue at 7:00 p.m. for the purpose of Conference with Legal Counsel re: Existing Litigation (Gov't Code 54956.9(a)). CALL TO ORDER Vice Mayor Mehaffey called the meeting to order at 7:02 p.m.. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: Evan Baker John Mehaffey Nick Streit Ann Waltonsmith Stan Bogosian Dave Anderson, City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk REPORT OF CITY CLERK POSTING OF AGENDA FOR DECEMBER 4, 2000 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of December 4, 2000 was properly posted on December 1, 2000. WRITTEN COMMUNICATIONS Vice Mayor Mehaffey noted several written communications have been received and reviewed by the City Council. PUBLIC COMMENTS Pursuant to Government Code section 54954.3(a), the City Council will provide the public with an opportunity to address the Council on any item described in the notice before or during consideration of that item. The following people spoke at tonight's meeting: Brenda Albrecht, 19275 San Marcos Road, noted she is opposed to the proposed stadium at West Valley College. Ms. Albrecht expressed concern over increased traffic, noise, and additional lighting. Ms. Albrecht urged the City Council to file an appeal. Barry Cohen, 19519 Kenosha Court, reported he is the president of his neighborhood homeowners association; he is representing sixteen (16) homes. Mr. Cohen expressed opposition on the proposed stadium at West Valley College because of the noise, traffic and additional light. Mr. Cohen described the increased traffic and noise problem caused by the Strawberry Festival and art festivals that take place at West Valley College. Mr. Cohen urged the City Council to file an appeal. Ralph Mullins, 19573 Douglas Lane, noted he recently purchased in this area. Mr. Mullins explained West Valley College should not be allowed to construct a stadium for the following reasons; increased noise, increased traffic, decrease in property value, and the integrity of the College. Mr. Mullins strongly urged the City Council to file an appeal. Victor Monia, Granite Way, thanked the City Council for allowing everyone to speak tonight. Mr. Monia noted he fully supports the City Council and asked for the continued support from the Council and file an appeal against West Valley College. Mr. Monia noted the College's intended use of a stadium would not end with just football games, eventually they will hold concerts and other types of events. Stephen Rowe, 19171 Allendale Avenue, questioned the values of West Valley College and lack of concern of proper uses for the property. Mr. Rowe explained, for example, Parking Lot #1 is being used as the following; temporary bus station, drop off area for toxic wastes four (4) times a year, parking for the Strawberry Festival, and parking for Villa Montalvo. Mr. Rowe urged the City Council to file an appeal. Ruchi Zutshi, 14015 Short Hill Court noted she has lived here for four (4) years and opposes the proposed stadium at West Valley College. Mrs. Zutshi has concerns with the increase in traffic, safety, and additional lighting. Linda Parker, 14136 Okanogan Drive, explained she would not have purchased in the neighborhood if she new a stadium would eventually be built at West Valley College. Mrs. Parker urged the City Council to file an appeal. Herb Radding, 14050 Chester Avenue, thanked the Council for allowing him to speak tonight. Mr. Radding noted the contract the College signed years ago with the City of Saratoga, stated they would not build a stadium. Mr. Radding noted he is tired of all the noise that comes from the College. Mr. Radding urged the City Council to file an appeal. James F. Martin, 19932 Douglas Lane, noted he has lived in Saratoga for twenty-two (22) years and this was the third time the College has tried to build a stadium. Mr. Martin urged the City Council to file an appeal. Cynthia Barry, 19281 San Marcos Road, concurred with all of the previous comments and urged the City Council to file an appeal. • Howard Summers, 14800 Andrew Court, noted prior to moving to Saratoga he and his wife lived in Palo Alto, near Stanford College. Mr. Summers moved to Saratoga to get away 2 from the traffic and noise only to find himself in that situation again. Mr. Summers noted he is not opposed to the College itself, but cannot understand how the College can claim that a stadium is a classroom and will help the school academically. Mr. Summers urged the City Council to file an appeal. Cheriel Jensen, 13737 Quito Road, explained a stadium will increase the noise, traffic and crime in Saratoga. Mrs. Jensen noted the money that would be spent on a new stadium should go towards enhancing the academics and increase the salaries of the instructors. Mrs. Jensen commented that a stadium has no academic value and urged the City Council to file an appeal. Jeff Schwartz, San Marcos Road, noted he is a Governing Board Member at West Valley College but has recused himself from all discussion on the issue of the stadium. Mr. Schwartz explained he is here tonight as a twenty-five year (25) resident of Saratoga. Mr. Swartz stated the College passed a resolution in the 1970's that the College's intent was to eventually build a stadium for outdoor concerts. Mr. Schwartz discussed problems Saratoga is currently facing with the traffic from the schools, the post office, and eventually the additional traffic from the expanded library. He noted the College never once discussed any uses of the campus with the residents of Saratoga. Mr. Schwartz commented that if a stadium is built, it must be disclosed if there is a decrease in profit on the sale of a home in the neighborhood surrounding the College. He • urged the City Council to file an appeal. Herb Radding, 14050 Chester Avenue, suggested the stadium be built at Mission College and not at West Valley. He strongly urged the City Council to stop any and all efforts to build a stadium. Hank Nothhaft, 14563 Fruitvale Avenue, noted at first the stadium maybe used for sporting events, but eventually will end up being another music venue. Mr. Nothhaft pointed out that people drive very fast on the surrounding street at the College, and the Sheriffs' Department is not enforcing the speed limits. Mr. Northaft urged the City Council to file an appeal. Sam Araki, 19825 Douglas Lane, thanked the City Council for allowing him to speak tonight. Mr. Araki explained he has only lived in Saratoga for two (2) years and didn't fully understand the background of the College until recently. He stated he has learned that historically the College has never responded to the surrounding neighborhood concerns. Mr. Araki urged the City Council to file an appeal. Councilmember Baker suggested the City Attorney give a brief summary of what has been transpiring at West Valley College. Richard Taylor, City Attorney, explained that years ago when the College District built West Valley College they entered a conditional use permit agreement with the City of • Saratoga. The permit explicitly provided that there would be no stadium. At the time the City said they would object to the college coming to Saratoga if a stadium was built. Mr. 3 • Taylor noted a few years later the community passed a "no stadium" initiative. Mr. Taylor explained the College decided to build a stadium and found a provision in state law that allows all educational facilities to exempt themselves from local zoning ordinances for educational facilities. This forced the residents of Saratoga to go to their legislature and the legislature passed a law that prohibits schools to be exempt for non-educational purposes. Mr. Taylor explained the College is now claiming the stadium is an educational facility and passed a resolution. The City took the District to court and argued that the District had signed an agreement saying a stadium would never be built. Mr. Taylor stated the District responded that it wasn't a contract but just a permit and the judge sided with the District. The second issue in which the College argued, is that a stadium would be an essential part of its educational facility and said the legislation itself did not specifically say "no stadiums" but said "non-educational facilities". The judge once again sided with the District. Victor Monia, Granite Way, noted Saratoga residents have usually had a good working relationship with the City Council and hope they can all work together to beat West Valley College. Mr. Monia suggested getting together again and discuss the different strategies for handling the College. Mr. Monia noted the surrounding neighborhoods have already raised $10,000.00 for the cause. Vice-Mayor Mehaffey requested a show of hands of how many other families besides the • fifteen people that spoke were present tonight were opposed of a stadium at West Valley College. The record shows fourteen (14) people raised their hand. Vice-Mayor Mehaffey thanked everyone for the comments and for attending tonight's meeting. Mr. Monia asked how will they know if any action will be taken. Vice Mayor Mehaffey noted if the Council makes a reportable decision it would be announced at the end of the closed session. Councilmember Baker suggested making an announcement in the beginning of the December 12, 2000 City Council meeting. Vice Mayor Mehaffey declared aten-minute recess at 8:05 p.m. Vice Mayor Mehaffey reconvened the meeting at 8:15 p.m. ADJOURN TO CLOSED SESSION - 8:15 P.M. 4 • CLOSED SESSION Conference with Legal Counsel re: Existing Litigation (Gov't Code 54956.9(a)). Name of Case: City of Saratoga v. West Valley College Santa Clara County Superior Court (No. Doc. CIV756340). OPEN SESSION MAYOR'S REPORT ON CLOSED SESSION The City Council directed the City Attorney to appeal the Superior Court's decision in t he City of Saratoga v. West Valley College (Santa Clara County Superior Court No. Doc.. CIV756340). ADJOURNMENT Vice Mayor Mehaffey adjourned the meeting at 8:50 p.m. Respectfully • at een Boyer, Ci of Saratoga • 5